So you came up with a great invention – let’s say a floating grill for cooking your burgers. You know that unless your grill has patent protection it will be knocked off immediately. Clearly, you need a patent. You read up on the topic and learn that you can file a patent application yourself – you […]
The big rebranding news this month is Elon Musk’s renaming Twitter to, yes, you probably know already, X. You may ask, can you even file a trademark registration for a single letter? The answer is definitely “yes” so long as the mark is distinctive for the class of goods and services it is registered to identify. Just […]
Dear Doc: Now that the Supremes have settled the whole fair use debate (except for all the issues that they left unsettled, and the new issues that their decision in the Warhol case created…), what’s this that I hear about bananas? Sincerely,Froot Loopy Dear Loopy: Did you know that “Froot Loops” is called that because […]
Between the stock market crash of 1929 and the election of Franklin D. Roosevelt in 1932, the U.S. economy fell off a cliff. During that three-year period, five thousand banks failed and nine million bank accounts were suddenly worthless. In the calamity of the Great Depression, millions of people were thrown out of work, unemployment stood at […]
The U.S. Supreme Court has rendered only 15 trademark opinions since 1924. So, it is always noteworthy when the Court considers a trademark case. This term, as we anticipated, the Court rendered its decision in the Jack Daniel’s trademark infringement case. We’ve been following this case since 2020 so you may recall the facts but here’s a refresher: VIP Products (“VIP”) sells, […]
This month the USPTO warned of scam telephone attacks on patent owners. The scammers spoof USPTO phone numbers so the call appears to come from the USPTO. The scammers pretend to be USPTO employees and ask the patent owner to pay fees over the phone or for personal information. The USPTO warns that it does […]
Dear Doc: I know that you have written a boatload of articles about “appropriation art,” where someone just grabs the copyright-protected work of another person, changes it a bit, and then sells it for a boatload of money, never giving the first artist a penny, and how this was totally legal. So how come I […]
Dear Doc: I know that in the past you have said (complained, actually) that copyrights last far too long…for the life of the author plus another 75 years (or 95 years for corporate-authored works.) That said, it was not always the case that the term was so extensive. How can I know if a book […]
Given the weighty domestic and foreign news of the day, trademark wars shouldn’t be capturing as much media attention as has the recent kerfuffle over the mark “TACO TUESDAY.” But it has. If you haven’t heard, Taco Bell, LeBron James, and some restaurant establishments are fighting over ownership of the trademark rights to TACO TUESDAY. […]
In many parts of the world, authors and artists also own “moral rights” in their works. Moral rights include the “right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work.” The “right to integrity” means that right to object to the “distortion, or […]
